This article is thematically and terminologically related to the first part of the series on collective proceedings, which can be found here.
Under the Act , the parties to a class action are the plaintiff and the defendant. The claimant is acting on behalf of the group, but has a specific character due to the fact that only a legal person registered in the list of authorised persons can act as a representative. There are two lists. The European list of authorised persons maintained by the European Commission and the Czech list of authorised persons maintained by the Ministry of Industry and Trade. Only dTest, o.p.s. and Consumer Ombudsman, z. ú.
The group whose interests the plaintiff is advancing in the proceedings is another key concept for understanding class action litigation. This is a grouping of several consumers whose claims against the same trader are based on similar factual and legal grounds. As we mentioned in the last installment of our series, the group must have at least 10 members who volunteer for membership on an opt-in basis. The consumer himself is thus never a party or an intervener in a collective proceeding. Nevertheless, he is entitled to certain procedural rights specified in § 11 para. 1 of the Act. This includes, for example, the right to withdraw your application, to inspect the file or to comment on the subject matter or the conduct of the proceedings.
A consumer enrolls in the Class by completing an enrollment form with the Plaintiff (the form can be found on the DOJ website). It must do so within a time limit to be set by the court in its order on the admissibility of the class action. This period shall not be less than 2 months and not more than 4 months.
The applicant must be represented by a lawyer in the proceedings.
The status and procedural rights and obligations of the defendant are not regulated by the Act to the same extent as those of the plaintiff, which is understandable given the nature of the Act . These and other issues are thus subject to the subsidiary application of the legislation contained in the Code of Civil Procedure.
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This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.